In a ruling that has major implications for online privacy laws, a Kansas court struck down the state’s revenge porn statute, citing its failure to define key terms like “harass,” “threaten,” and “intimidate.”

What Happened?

On June 24, 2025, a Kansas appeals court held that the state’s revenge porn law—meant to criminalize the nonconsensual distribution of nude or sexually explicit images—could not be enforced. The reason? It lacked crucial legal definitions, making it unconstitutionally vague and too broad for prosecution.

The law was originally passed with good intentions: to protect individuals from intimate image abuse. But the absence of clearly defined terms undermines its effectiveness and raises serious First Amendment concerns.

Why the Law Fails

• No definitions for “harass,” “threaten,” or “intimidate.”
• No clear explanation of what makes an image “harmful” or when sharing it becomes illegal.
• Risk of overcriminalization or unconstitutional restriction on free speech.

These issues led the court to conclude that the law violates due process and cannot be fairly applied.

How This Affects Kansas Victims

The ruling leaves Kansas victims of revenge porn with no valid criminal statute to rely on—at least for now. While civil lawsuits may still be an option, this decision highlights a dangerous gap in protections for victims of digital abuse in the state.

Until the Kansas Legislature revises the law to include clear and precise language, perpetrators of intimate image abuse may escape criminal accountability.

What Lawmakers Need to Do

To restore the law’s power and constitutionality, Kansas lawmakers must:

• Define “harass,” “threaten,” and “intimidate” in the statute.
• Include consent-based language to specify that images must be shared without permission.
• Add context-based intent and harm standards, similar to laws upheld in other states.

States like California, Texas, and Virginia offer successful models with strong definitions and well-structured enforcement language.

Why This Matters Nationwide

This isn’t just a Kansas problem. Across the U.S., poorly written revenge porn laws have failed victims. While 48+ states have criminal statutes on the books, many are vague, outdated, or untested in court. Kansas now joins a growing list of states being forced to go back and fix their laws.